How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Alice H Your Own Question
Alice H
Alice H, Solicitor
Category: Property Law
Satisfied Customers: 2850
Experience:  Partner in national law firm with 20+ years legal experience
30932268
Type Your Property Law Question Here...
Alice H is online now

Our property is adjacent to a chip shop. We have a fence between

Resolved Question:

Our property is adjacent to a chip shop. We have a fence between our driveway and the chip shop's forecourt. Last week we awoke to find that one of the concrete fence posts had been broken, obviously with some force from the neighbours property. Is our neighbour (the chip shop owners - they live above the chip shop) liable for the cost of replacing this post? It have been reported to the police, who have logged it as criminal damage, but say that it is a civil matter between ourselves and our neighbour.
Submitted: 2 years ago.
Category: Property Law
Expert:  Alice H replied 2 years ago.
My name is ***** ***** I'm happy to help with your question today.
On what basis do you believe the neighbour to be liable? Could you produce evidence that the neighbour caused the damage rather than a third party e.g. a customer?
Customer: replied 2 years ago.

We can not produce any evidence about the individual/s who caused the damage. It may have been a customer who was on the neighbours property at the time.

Customer: replied 2 years ago.

Even if a customer caused the damage, is the owner responsible for actions that are done on his property?

Expert:  Alice H replied 2 years ago.
OK, understood.
This may not be what you want to hear but I have a duty to give you an honest and objective opinion.
The neighbour will only be liable if you can prove that they caused the damage or their negligent act or omission resulted in the damage.
Your neighbour is not automatically liable for the actions of a customer unless the act was done with their knowledge.
Unfortunately it appears that you are the victims of a criminal or civil act but without anybody to sue.
Alice H and other Property Law Specialists are ready to help you

Related Property Law Questions